Essay Constitutional Law - Fed

Question 1

Article III federal judicial power extends to cases involving what two things

Answer 1

1. Interpretation of the Constitution, federal laws, treaties, and admiralty and maritime laws; and
2. Disputes between states, states and foreign citizens, and citizens of diverse citizenship

Question 2

What is the full power of judicial review by the Supreme Court and where does it find this power

Answer 2

The Supreme Court may review the constitutionality of acts of other branches of the federal government. It may also review state acts pursuant to the Supremacy Clause

Question 3

What is within the original jurisdiction of the Supreme Court

Answer 3

all cases affecting ambassadors, public ministers, consuls, and those in which a state is a party, but Congress has given concurrent jurisdiction to lower federal courts in all cases except those between states

Question 4

Cases can come to the Court under appellate jurisdiction in one of what two ways

Answer 4

Writ of Certiorari–Most cases

Appeal–Rare cases

Question 5

The Supreme Court has complete jurisdiction to hear cases that come to it by certiorari. The cases that come by certiorari are what two things

Answer 5

1) Cases from state courts where (i) the constitutionality of a federal statute, federal treaty, or state statute is in issue, or (ii) a state statute allegedly violates federal law
2) All cases from federal courts of appeals

Question 6

The Supreme Court must hear cases that come to it by appeal–what are these cases confined to

Answer 6

to decisions by three-judge federal district court panels that grant or deny injunctive relief

Question 7

What is the rule on advisory opinions

Answer 7

There must be specific present harm or threat of specific future harm. Federal courts can hear actions for declaratory relief if there is an actual dispute between parties having adverse legal interests. Complainants must show that they have engaged in (or wish to engage in) specific conduct and that the challenged action poses a real and immediate danger to their interests. However, the federal courts will not determine the constitutionality of a statute if it has never been enforced and there is no real fear that it ever will be

Question 8

What is the ripeness rule and what are the two main factors considered

Answer 8

To avoid issuing advisory opinions, courts wait until policies have been formalized and can be felt in concrete ways. When considering a question of ripeness, a federal court considers two main factors:

(i) the fitness of the issues for judicial decision, and
(ii) the hardship to the parties of withholding court consideration

Question 9

Under the ripeness rules, when is an issue not fit for judicial decision

Answer 9

If it relies on uncertain or contingent future events that may not occur as anticipated

Question 10

What is the rule of mootness for justiciability

Answer 10

A real controversy must exist at all stages of review. If the matter has already been resolved, the case will be dismissed as moot

Question 11

What is an exception to the mootness rule

Answer 11

Controversies capable of repetition, but evading review, are not moot.

Question 12

Is a claim moot if the class representative’s controversy has become moot if the claims of the other class members are stil viable

Answer 12

No

Question 13

What is the rule on standing

Answer 13

A person must have a concrete stake in the outcome of a case at all stages of litigation, including on appeal

Question 14

What are the two things that make up the injury in fact component of standing

Answer 14

To have standing, a person must be able to assert an injury in fact, which requires both:
(i) particularized injury–an injury that affects the plaintiff in a personal and individual way; and
(ii) a concrete injury–one that exists in fact.
It is not enough to show merely that a federal statute or constitutional provision has been violated (and that we all suffer when that happens).
Note that the injury need not be economic

Question 15

What are the two rules, one regarding causation and one regarding redressability, as it pertains to the components of standing

Answer 15

Causation-there must be a causal connection between the injury and the conduct complained of
Redressability-a decision in the litigant’s favor must be capable of eliminating her grievance

Question 16

When does a plaintiff have standing to enforce a federal statute

Answer 16

if she is within the “zone of interests” Congress meant to protect

Question 17

Generally, one cannot assert the constitutional rights of others to obtain standing, but a claimant with standing in her own right may also assert the rights of a third party if there is one of what two things

Answer 17

a) it is difficult for the third party to assert her own rights (e.g., an association may attack a law requiring disclosure of membership lists, because members cannot attack the law without disclosing their identities); or
b) a special relationship exists between the claimant and the third party (e.g., a doctor can assert a patient’s rights in challenging an abortion restriction).

Question 18

An organization has standing if there is what three things

Answer 18

(i) there is an injury in fact to members that gives them a right to sue on their own behalf,
(ii) the injury is related to the organization’s purpose, and
(iii) individual member participation in the lawsuit is not required

Question 19

The Supreme Court will not exercise jurisdiction if the state court judgment is based on adequate and independent state law grounds–even if federal issues are involved. When are state law grounds 1) adequate, and 2) independent

Answer 19

1) state law grounds are adequate if they are fully dispositive of the case
2) they are independent if the decision is not based on federal case interpretations of identical federal provisions
When the state court has not clearly indicated that its decision rests on state law, the Supreme Court may hear the case

Question 20

Federal courts will not enjoin pending state criminal proceedings except when

Answer 20

except in cases of proven harassment or prosecutions taken in bad faith

Question 21

What are political questions, and is it for the federal courts to decide

Answer 21

Political questions will not be decided. These are issues (i) constitutionally committed to another branch of government or (ii) inherently incapable of judicial resolution

Question 22

What does the Eleventh Amendment prohibit

Answer 22

It prohibits federal courts from hearing a private party’s or foreign government’s claims against a state government

Question 23

What exactly is prohibited by the Eleventh Amendment’s prohibition on hearing a private party’s or foreign government’s claims against a state government

Answer 23

The prohibition extends to actions in which the state is named as a party or in which the state will have to pay retroactive damages. Similarly, the S Ct has held that the doctrine of sovereign immunity bars suits against a state government in state court, even on federal claims, unless the defendant state consents

Question 24

What two certain actions against state officers can be brought despite the Eleventh Amendment

Answer 24

(i) actions to enjoin an officer from future conduct that violates the Constitution or federal law, even if this will require prospective payment from the state; and
(ii) actions for damage against an officer personally